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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 48774
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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A little over 2 years ago I left a business after 9 years (with

Resolved Question:

A little over 2 years ago I left a business after 9 years (with no notice period or redundancy) on the understanding I would be on a retainer for 3 days a week. Variations of the service agreement went back and forth, the last one from myself to them. There was no response to this last.
The company adhered to the agreement for a year and then verbally asked for a different way to be billed, to which I agreed.
They now say that as there is no signed agreement there is no obligation of any kind on their part.
Are they right?
Submitted: 2 years ago.
Category: Law
Expert:  Ben Jones replied 2 years ago.
Ben Jones :

Hello, my name is ***** ***** it is my pleasure to assist you with your question today.

Customer:

Hi there

Ben Jones :

It is not necessary to have a signed agreement in place for its terms to be legally binding. An agreement can also become implied and be valid even if it is not signed or even not in writing. For example, if two parties have verbally, or otherwise agreed on certain terms and there was no indication that either party refused to accept them and both had then carried on working under these terms, or any other terms under the same agreement it can become implied that the agreement was accepted. So the fact that both of you negotiated specific terms, neither challenged them and you both continued to work under them for a year can certainly make it that these terms had become an implied contract

Customer:

I thought so. I assume tha last version, which I sent to them, is the one to discuss, as it was the version by implicvation agreed

Customer:

Am I right in my assumption?

Customer:

Hello? A yes will finish our chat happily from my side

Ben Jones :

Still here, you are correct that if these were the latest terms that were discussed and both parties had continued to work under these with no protest then they woul be the ones that it is assumed applied

Customer:

Thaks

Customer:

Happy rating on its way

Customer:

John Fenton

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